Fields v. State

The trial court did not abuse its discretion in admitting photographs of the scene of the aggravated assault, even though two people were in the process of cleaning up the blood stains when police arrived, because the size and exact location of the stains were not material issues and witnesses testified about variations between the scene of the crime and the scene as later photographed.

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Following a jury trial, Martin Warrick Fields was found guilty of aggravated assault, false imprisonment, robbery and kidnapping. The trial court merged the count of false imprisonment into the kidnapping count. Fields was sentenced on the kidnapping count to a life term, with the first 25 years to be served in custody. On the aggravated assault and robbery counts, Fields was sentenced to a term of 20 years, to run concurrent with the kidnapping sentence. Fields appeals from the denial of his motion for new trial, arguing that he received ineffective assistance of counsel and that the trial court erred in allowing a photo of the crime scene into evidence. We discern no error and affirm. Viewed in the light most favorable to the jury’s verdict,1 the record reflects that on March 4, 2008, while Fields and his roommate Michael Egarton were visiting Craig Rogers at his apartment, Rogers saw Fields come out of the bedroom, carrying a metal baseball bat and wearing blue latex gloves. Fields then approached Egarton and “whacked him across the head with a bat.” Egarton believed that Fields was “fixing to try to finish me off.” The bat cut the back of Egarton’s head and he bled profusely. Egarton managed to escape his attacker, and was able to call the police from a gas station about a quarter of a mile away.

After Egarton’s escape, Rogers witnessed Fields leave the apartment holding the bat and wearing the blue latex gloves and an army fatigue jacket. A short time later, Elisabeth Avilma was unloading her car with her newborn baby and four-year-old daughter nearby when she noticed Fields, whom she recognized. Fields grabbed Avilma’s four-year-old and ran, holding her like a football. Avilma gave chase, but then lost sight of Fields and her daughter. A few minutes later, a neighbor returned the child to her mother. Upon returning to her car, Avilma saw a metal bat in the back seat of her car.

Fields v. State

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